Report this comment to a moderator

Employment judge first to fall foul of new misconduct rules

One of the on-going expenses that should have had proper attention, are the numerous occasions when a case was listed before a Judge, his decision was subject to an appeal which succeeded and yet no action was taken to point out to him the error of his ways. In the early 1970's, Lord Denning issued a Directive that copies of the Court of Appeal's Judgement shall be sent to the Judges concerned who had their Judgements overturned. Several years ago I was allowed a time slot on the local Radion in Birmingham and had the privilege of a formal discussion with Sir Michael Davies and I put the above point to him. Sir Michael candidly admitted that the Directive had not been brought to his attention and added that Judges were required to attend a training course every 3 years to be brought up to date. I asked Sir Michael what steps did Judges take to acquaint themselves with the changes in common law that took place in the 3 years preceeding the next 3 yearly review? I did not receive a satisfactory reply. With today's technology it is an obvious and easy step for the Lord Chancellor's department to fax copies of the Judgements to the Judges concerned so that the error of their ways is made known to them. There are far too many cases listed for trial before a Judge "who is not fit for the purpose". The present situation provides for Judges to hear cases of a specific speciality who had no worthwhile experience of this type of case before they were elevated to the bench. There is a simple solution namely before a Judge is appointed onto the bench, for them to be interviewed about their own experties and lack of it, and for cases to be listed before them that fall within their own expertise. Several years ago, I was contacted by the Registrar to the Court of Appeal who asked me for a time estimate for an appeal hearing. I asked "you tell me the Judges and I will do my best to give you an accurate time estimate." His reply was that it was not until a few days before the hearing that he will be aware of the names of the Judges who will hear the appeal. I illicite3d from the Registrar that his office is not given any information as to the expertise a Judge acquired during the time he was counsel. What a stupid time wasting system we have at the highest level.

12-Jun-2012

11:20 am